HomeMy WebLinkAboutContracts & Agreements_1-1916t
This Agreement, executed in duplicate, dated
5 f �
f)i18 1).4we day Of i , 19160y,and
between the West Redlande water Company, a corporation
party of the first
part, and the City of Redlands, a
Municipal Orporation of the sixth class, party of the
second part,
witnesseth; In consideration of the performance
on the part of said second,party of the provisions of
this contract hereinafter provided to be performed by
it, said first party hereby grants to said second party
the sole right and, privilege to extract i'rom the Sub—
surface of all. of Lots L, 2, 3 and 4 of B1odh 14 of Map
to,. 2 of Redlands Heights, and all of Lots 1 and 2 of
Block 41 of Nap No. 8 or RedlnndB Heights, according to
such maps of record in the office of the County Recorder
of San Bernardino County, California, any and all water
therein contained or that may in the future exist as
against the said party or the first part, its successors
or assignsa and to take from said Lots and use the same
in any manner and in any place that second party may de-
sire so to do, and said party of the first part, its
successors and assigns shall henceforth have no right to
tale or extract any watzr or waters whatsoever from be-
neath the surface of any of said lots.l*fr
said first party;-.tu 2i�r graii,ts to sai secOhl— ; %
party tie right at ell Limes during the existence of
thiB agreement to enter upon any or all of said lots for
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the purpose of developing any of said Sub-surfeoe water
that may exist beneath the surface thereof in any,manner
that said second party may, from time to time, during
the existence or this contract, deem advisable, and to ,
erect, construct and maintain thereon any and all veils,
pumping plants, machinery, appliances and equipment that
said second party may deem necessary or denirable for the
purpose of extracting such water, and to maintain the
sane, including the right to use and maintain the weals,
pumps, pumping plants and machinery, appliances and egnip_
ment noir situated thereon. together with all tools and
appliances and other personal property noir used by first
party in connection with its pumping system, further, in -
eluding the right of way to enter upon any or all of said
lots for the purpose or ingress and egress therefrom in
connection with the extraction of water therefrom, and
the right to erect poles thereon for the purpose of main-
taining telephone and electric wires thereon, provided,
however, that said second party in the exercise of the
right herein granted shall not unnecessarily rlarage atly
property or exereise its said rights in such a manner
as to unneceaarily interfere with the use of the surface
thereof by first party, it being understood that first
party reserves to itself the right to use the a rface
or Bald lots for any and all purposes that will not in--
tertfxe,,with the'righte herein granted to second party.
It is further reserved to said first party, its
successors and as4gne, subject to the provisions hereln-
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after contained, the right perpetually to have and re-
ceive use of the water which will be produced or raised
to the surface of said land by second party from the wells
now located thereon or other walla or means that may be
hereafter constructed by said second party, its succes--
sere and assigns, a quantity of water necessary to snake
up and completely furnish to said' first party which in
the aggregate (together wit]a the Crater received by it
from the Bear Valley mutual Water Company) will amount
to a continuous flow of 180 inches under a four inch (4v
pressure, subject to the provisions hereinafter -contained,
(the inch herein an hereinafter mentioned being one fif-
tieth of a cubic foot per second flor. ) The ,,ater whtoh
first party is to receive from the Bear Valley Mutual
Water Company under its present ownership of such later
or of stoex in said company shall, for the purpose of
this contract, be taken at a minimum of fifty-five one
hundredths of an inch (65/100) per sire. - Ilsr i 12,-61
The amount to be furnished first party by
second party, its successors or assigns during the mouths
of=arry year beginning with the month of April and contin-
uing for all the succeeding months of each:year respec-
tively, to and including the month of October and for
and during each of the other months of each year, shall
make up to the amount of 180 inches arty defietericy in the A:.
supply of tine best Redland dater Company which may occur_
whenever its available supply from the Bear Valley Mtitual
Water Company is a quantity less than 180 inches ,(same .
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measurement) continual flow, provided that suoh or any
deficiency to be made up by the City in no event to ex—
ceed 145 j.nchee4 measured as aforesaid between the period
from. April let to October let, of each year, and not ex—
ceeding '6O iia'ches (so measured) between the period from
Ocxober let and April lot, next following of each year,
provided, further tbab. men the general irrigating
season is extended beyond October 1st of any year by
reason of a dry season, then the period for the fur—
nishing of such larger quantity of water shall be exten—
ded to the and of such irrigating season.
The water that is to be delivered to said First
party hereunder by said second party Shall be delivered
into the pipe line of first party at any point where the
eame passes through the land of said second party now
held by it in Reservoir Canyon, of at the point Where
said wat'r is now delivered into the pipe line of first
party, upon first partycs paying to said second party the
sum of twenty cents per inoh for each and every inch or
water delivered to first party, to be measured as here—
inafter provided, provided that wlien the water in any of
the wells upon any of said lots shall, Wren water is
being pumped therefrom, measure more than one hundred
and twenty—five feet below the surface of such well, then
the price to be paid for any water furnished first pasty
shall be thirty cents per inch during such time, pay rent
for all water furnished first party to be nada upon detand
of seoond party on presentation of a statement therefor,
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such statement to be presented not oftener than once
in thirty days. If airy uncertainty shall arise as to
the surface of apy such well, then in that event the
surgace shall be 'deemed the surface of the water as at
present maintained on the measuring weir of first party
now l.00ated on Lot 1 and 2 in said Block 41.
First party shall give second party at least
three days notioe whenever it desires water furnished to
it by second party hereunder and must specify the amount
of water it is receiving from said Bear Valley Mutual
water Company. The quantity of water so delivered to First
party by second party shall be measured by a self regis-
tering wftir or meter which shall be installed and main—
tained at the expense of second party and be under its ,
control but subject to reasonable inspection or test Zor
aocuragy by first party.
If said first party shall sell or in any manner
dispose of any of its said water or water rights coming
to it from said Bear Valley Mutual water Company, or di—
minish the quantity of rater to be furnished to it from
said souroe, then such sale, disposal or dimi.nuition
shall not operate to increase the quantity of nater said
second party is required to furnish first party hereun—
der, and for the purpose of this instrument said first
party shall be deemed to be at all times the owner off„,'
such water and entitled. IR the gter represented therebr-
for the purpose of arriving.at the quantity of water
to be supplied by said second party hereunder.
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Said first party shall use all reasonable, efforts
and means to have furnished to it the full amount of
water it is entitled to receive from said Bearl.Valley
Idatual Water Company and to take whatever action or pro—
Ceedinrs, legally or otherwise, that may be necessary
to tale to enforoe its right to receive and have furnish-
ed to it said quantity of water, and shall keep its piper
lines or other conduits through et1d.ch it receives such
water in good condition and free from unnecessary l.ealk—
age to the end that the quantity of water to be received
by it from said other source may not be diminished by its
failure to keep the means of conveying such water to it
in good order and condition.
It is expressly understood and agreed, notwith,
standing any otherprovision of this agreement, that second
party shall not be required to furnish or deliver said
quantity of water or any of it until the reasonable needs
and requirements of the stockholders of the first party
for irrigation purposes exhaust the supply received by
it from said Bear valley Mutual hater company.
It is a really understood and agreed that all said
water delivered to first party y said second party shall
be used only upon the lands upon which the water now pumper
from the wells of first party situated upon the property
herein described has heretofore bean or is now being used.
The quantity or water to be used by each stockholder
of first party shall be confined (in so far as it affects
the obligation of second party to furnish any water here—
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under) to his proportionate share, based upon his
respective (present or future) holdings of stock in
said company, and confined to lands upon Which the
water from said wells is now or has heretofore been
used ox upon other lands of eucTi stockholders now
owned by them.
Whenever any stockholder of said first party
sells or rents his stock so as to require delivery of
water enuring to his a;ook for use on other lands than
that included in the area above referred to, then for
the period of such lease, or forever, if the stock is
sol, the right to demand such pumped water shall not
exist as to such stook and the quantity furnished to
first party shall be proportionately diminished.
If said second party shall fail or neglect for
a period of ten days, after written notice served upon
it by first party, to furnish or supply such water to
first party (there being no default on the part of
first party in paymeent for water heretofore furnished),
then first party shall have the light at any time during
such default on the part of second party after such ten
days to cancel and rescind this agreement by serving
a written notice on second party of such cancellation
and reeision, and upon such service being made all rights
of second party hereunder shall de deemed cancelled and
rescinded, and it Shall, thereafter, have no right to
enter upon said premises or to extract any water there.
from or to operate any of the wel_1s or appliances in -
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stalled thereon and all appliances and equipment that are
pernaanentiy affixed to the soil shall thereupon revert to
and belong to first party, or said first party may, at its
option, elect to tale over temporarily the operation of the
pumping plants eetablis?ped or constructed upon said property
and operate the same and in that Case no payment Sha}.l be
made to second party so long as it continues in such default.
It i8 understood and agreed between the parties that
said eeeond party may furnish and supply to first party said
quantity of water from any source of supply in the possession
of said aecond party and that it shall not be required to
furnish such water or any of it, or to operate or maintain
the pumping plant or plants of second party, provided, how—
ever, that at the termination of this agreeaent either by
reeieion, cancellation or otherwise, said second party shall
uurrender said lots to first party and turn back to .it a -
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pumping plant with appiia.nces upon said property in as good•
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condition as the plant and appliances that now exist thereon,
laving a capacity of producing one hundred (100) Liners a
inches of rater, constant flow.
Both parties hereto reserve the ; i int to cancel and
rescind this contract during the month of November of any
year upon giving thirty days previous notice in writing
to the other.
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Wesedlands Water Company,
And
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dlands* Ca
ifornia,
.President of the Board of Truste
of the City of pedlands, California
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City Clerk,
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